MoFo Life Sciences

May 20, 2022 - Agtech, Intellectual Property, Asia
China’s New Seed Law: Molecular Varieties and Macro Developments
By: Liz Freeman Rosenzweig Ph.D.
Liz Freeman Rosenzweig co-authored an article for China IPR examining China's new and much anticipated Seed Law, which went into effect on March 1, 2022. "The new Seed Law reflects a significant expansion in the scope of plant breeders' rights (PRB) protection in China,"
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May 12, 2022 - United States, Biotech, Healthcare, Intellectual Property, Cell + Gene Therapy
The “Big Bang” for Sequence Listings: New Requirements in Place July 1, 2022
By: Liz Newman Ph.D. and Karen G Potter Ph.D.
Life sciences patent applications often contain DNA, RNA, and amino acid sequences in the specification, claims, or figures that are required to be provided in the form of a sequence listing. The inclusion of sequences in patent applications are compulsory to satisfy patent office
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April 15, 2022 - United States, Agtech, Litigation, Intellectual Property
Stepping Stones to Success: Supporting Claims in the Life Sciences
By: Meghan McLean Poon Ph.D. and Owen Grayson Hosseinzadeh
Owen Grayson Hosseinzadeh, Law Clerk in San Diego, contributed to the drafting of this post. The standard for written description in the life sciences seems to have tightened lately, leading patent applicants to wonder what level of written support and working example data is
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April 08, 2022 - Litigation, European Union, Intellectual Property
A Long Courtship for Unity – As Europe’s Unitary Patent System Is Going Live Soon, Consultations About a Unitary Supplementary Protection Certificate Gain Momentum
By: Wolfgang Schönig
After a myriad of challenges , delays , and hurdles, the setting up of the pan-European patent court, the Unified Patent Court (UPC), is finally gaining traction. On January 19, 2022, the UPC came into existence as an international organization. This date marks the
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March 15, 2022 - United States, Litigation, Biotech, Healthcare, Pharma, Intellectual Property
Possession of an "Effective" Dose
By: Kelsey J. Roberts Kingman Ph.D. and Bu Yin Ph.D.
Update: On March 16, 2022, the U.S. Court of Appeals for the Federal Circuit denied Biogen International’s petition for panel rehearing and rehearing en banc , following a November split decision discussed below. Judges Lourie, Moore, and Newman dissented on the denial of en
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February 15, 2022 - United States, FDA, Healthcare, Pharma, Intellectual Property, Cell + Gene Therapy
PATENT TERM EXTENSION FOR BIOLOGICS
By: Meghan McLean Poon Ph.D. and Yuying (Kate) You Ph.D.
Patent term extension (PTE) provides additional patent term for patents related to U.S. pharmaceutical products to compensate for the effective loss of patent term caused by delay during the drug approval process by the U.S. Food and Drug Administration (FDA). To be eligible for
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January 14, 2022 - United States, Digital Health, Biotech, Pharma, Intellectual Property, Bioinformatics
USPTO Launches Program to Defer Subject Matter Eligibility Responses
By: Meghan McLean Poon Ph.D.
Starting February 1, 2022, the U.S. Patent and Trademark Office (USPTO) will begin inviting selected applicants to participate in a pilot program to defer subject matter eligibility examination until final disposition of the application or all other rejections have been addressed. The theory behind
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January 13, 2022 - United States, Digital Health, Healthcare, Data Analytics, Intellectual Property, Bioinformatics
Bioinformatics Patents – Subject Matter Eligibility in 2022
By: Jean Nguyen Ph.D.
The increasing presence of data-driven solutions in the healthcare and life sciences sector is apparent from the rise in numbers of patents and patent applications. The number of published bioinformatics patents and patent applications in the last decade has nearly doubled. Bioinformatics patents face
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January 05, 2022 - Litigation, Biotech, Healthcare, Pharma, Intellectual Property, Cell + Gene Therapy
Life Sciences Patent Trends in 2022 – Doctrine of Equivalents
By: Meghan McLean Poon Ph.D.
The Federal Circuit continues to tighten the standards for written description of functional claims, particularly in the biologics realm, which is putting patent applicants in the position of having to pursue narrow claims directed to specific sequences. At the same time, reliance on the
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October 28, 2021 - United States, Intellectual Property
Traversing Higher Hurdles for Functional Limitations Under Section 112
By: Meghan McLean Poon Ph.D. and Kelsey J. Roberts Kingman Ph.D.
Genus claims have long been an important component of patent strategy, extending coverage around a lead compound to stop would-be competitors. Recent decisions from the Federal Circuit, however, highlight a tightening standard for written description and enablement of genus claims for biologic inventions, leading
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Topic Archives: Intellectual Property

China’s New Seed Law: Molecular Varieties and Macro Developments

By: Liz Freeman Rosenzweig Ph.D.

The “Big Bang” for Sequence Listings: New Requirements in Place July 1, 2022

By: Liz Newman Ph.D. and Karen G Potter Ph.D.

Stepping Stones to Success: Supporting Claims in the Life Sciences

By: Meghan McLean Poon Ph.D. and Owen Grayson Hosseinzadeh

A Long Courtship for Unity – As Europe’s Unitary Patent System Is Going Live Soon, Consultations About a Unitary Supplementary Protection Certificate Gain Momentum

By: Wolfgang Schönig

Possession of an "Effective" Dose

By: Kelsey J. Roberts Kingman Ph.D. and Bu Yin Ph.D.

PATENT TERM EXTENSION FOR BIOLOGICS

By: Meghan McLean Poon Ph.D. and Yuying (Kate) You Ph.D.

USPTO Launches Program to Defer Subject Matter Eligibility Responses

By: Meghan McLean Poon Ph.D.

Bioinformatics Patents – Subject Matter Eligibility in 2022

By: Jean Nguyen Ph.D.

Life Sciences Patent Trends in 2022 – Doctrine of Equivalents

By: Meghan McLean Poon Ph.D.

Traversing Higher Hurdles for Functional Limitations Under Section 112

By: Meghan McLean Poon Ph.D. and Kelsey J. Roberts Kingman Ph.D.